Problem With Old Shotgun Licence.

[lordecon 2]

Hi guys, I've got a question about shotgun licencing.

 

My brother was an avid hunter in his younger years. However he has had no interest in it recently, and the only thing the shotgun gets used for is putting down cows.

 

He has, for lack of a better description, been a moron and let his shotgun licence expire. Worse than that, the gun's been in a shed as opposed to a gun cabinet, so there's a spot or two of rust on it as well. Despite the licence having expired however, we've had no word from the police. I don't even know what he'd do if they turned up one day. The shotgun is inside now, but it's still not in a cabinet.

 

The problem is, I really would like a shotgun, and would really like to hunt. But since I live at the address his shotgun is registered, I'm guessing that if I register for one, the database will also pull up my brother's expired licence and he will get shafted. He's my brother so that's the last thing I want to happen. So what can I do to get myself a licence, but make sure my brother doesn't get into trouble? Should I take the gun to a gunsmith or dealer to hold it until I can apply for my own licence then take the gun under my own name? Is that even possible?

 

I'd really appreciate some advice guys. My brother's a good lad, but hopeless when it comes to paperwork. Hopefully you can help us out!

 

 

[SportingShooter 0]

If his license has expired, there's no bones about it, he's in possession of a section 2 firearm without a license and as such is illegally held.

 

I don't know how long the license has expired for but if it is within a very short period, then I would suggest your brother registering the gun with a dealer or a friend who has a certificate, making sure it is officially signed over.

 

Contact the police, be honest that the certificate has expired but the gun is now lodged with a legal owner and ask for renewal forms.

 

As for the gun's security, why isn't there a cabinet or other security already? A shotgun certificate will only be granted if there is adequate security in the first place so where and how was it secured on the grant of his most recent certificate?

[lordecon 2]

Many thanks for the response.

 

In all honesty, the licence could have been expired for over a year. Would registering it with another licence holder still be an option?

 

The reason he no longer has a gun cabinet fitted is because he moved house in the last few years, took his gun cabinet with him, but because the gun is no use where he lives, he kept the gun at the old address. Really moronic I know. I hate cleaning up after somebody.

 

Can he just call the police and explain his situation? What sort of punishment could he expect, given that he admitted to the mistake? It seems stupid that the police would punish somebody for owning up to something like this, since it would encourage you to make your gun disappear if you forget to renew your licence, and the police forget to punish you for not renewing it.

[Alsone 789]

Don't bet on that.

 

You brother is in big trouble and what I would do is i) take advice from the BASC firearms department and ii) get the gun into the possession of a dealer straight away at least then he's no longer in possession of it.

 

The police are more likely to be sympathetic if he's been responsible and transferred the gun to a registered dealer.

 

There's no easy way out of this as even if he sold it and claimed he'd sold it ages ago, he'd still be in trouble for failing to register the transfer plus the truth would come out as to the transfer date, when the new owner registered it, and he would get the book thrown at him for lying.

 

I can also see problems with failing to register a change of address and if they found out the gun was left at the old address, failing to ensure safe keeping. I think you really need good professional advice here.

Edited July 30, 2013 by Alsone

[SportingShooter 0]

Ultimately, it is not the police's decision to prosecute or not when it comes to firearms offences. Apart from minor breaches of the conditions of a firearm/shotgun certificate, most will require advice from the crown prosecutor whether to charge or not.

 

I can't honestly understand how the police have left it go for so long without some notification to your brother that he is in possession of a firearm without certificate, but that is no real excuse.

 

As Alsone said, the gun needs to be transferred out of his possession, as in now. Then take some legal advice with what to do next.

 

Whatever you do, do not try and cover anything up as the moment your integrity is called into question, the police will have little sympathy for your brother, he needs to be open and honest.

[charlie caller 3,654]

Spot on advice there mate get the gun to a rfd Now then explain to the police about it, Ithink you are far more likely to meet with sympathy,than if you let apathy rule and wait for a knock at the door, DO IT NOW.

[lordecon 2]

Thanks guys, I'm out of the country right now. I'll be sure to pass on this information.

 

Hopefully my next post will be something more positive, like advice for a first shotgun.